Legal Documents
Privacy policies, terms of service, and other legal information
Last Updated: January 2025
Privacy Policy
Last Updated: March 2025
1. Introduction
This Privacy Policy explains how SKPhotoArt Ltd trading as ShiftOwt ("we", "us", "our") collects, uses, stores, and protects your personal data when you use our mobile application and web platform (the "Service").
This policy applies to all individual users of the Service, including drivers and workers.
We are committed to protecting your privacy and handling your personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
2. Data Controller
The data controller responsible for your personal data is:
SKPhotoArt Ltd trading as ShiftOwt
17 Jaxons Court, Wigan, WN2 4PL, United Kingdom
Email: support@shiftowt.com
3. Personal Data We Collect
3.1 Information You Provide
| Category | Data Elements | Purpose |
|---|---|---|
| Account Information | Name, email address, password (encrypted) | Account creation and authentication |
| Profile Information | Phone number, driver licence number (optional) | Profile completion, identity verification |
| Employment Information | Agency connections, shift history | Service functionality |
| User Content | Availability settings, hours submissions, notes | Core service delivery |
| Payment Information | Subscription plan selection, billing interval | Subscription management (card details processed by Stripe/Apple, never stored by us) |
3.2 Information Collected Automatically
| Category | Data Elements | Purpose |
|---|---|---|
| Location Data | GPS coordinates, speed, movement patterns | Driving hours tracking during active sessions |
| Motion Sensor Data | Accelerometer readings (device motion/acceleration) | Distinguishing driving from walking for accurate hours tracking |
| Health and Activity Data | Driving hours, working hours, rest/break periods, break duration, driving-since-last-break counters | EU Regulation 561/2006 and Working Time Directive compliance monitoring |
| Device Information | Device type, operating system, app version | Service optimisation, troubleshooting |
| Push Notification Tokens | Device notification identifiers | Compliance alerts, shift notifications, break reminders |
| Technical Data | IP address, access times | Security |
4. Legal Basis for Processing
We process your personal data on the following legal bases under UK GDPR Article 6:
| Processing Activity | Legal Basis |
|---|---|
| Account creation and management | Contract performance |
| Location and motion sensor tracking during active sessions | Consent (you explicitly start tracking) |
| Driving hours, rest periods, and compliance monitoring | Contract performance and Legal obligation (EU Regulation 561/2006) |
| Hours and availability management | Contract performance |
| Push notifications | Consent (you can disable in device settings) |
| Security and fraud prevention | Legitimate interests |
5. Location and Motion Sensor Data
For Drivers: We collect GPS location data and accelerometer (motion sensor) data to distinguish driving time from stationary time, accurately separate vehicle movement from walking, calculate driving hours for EU 561/2006 compliance, and monitor movement during rest breaks.
For Workers: We collect location data to verify clock-in/out location (geofencing), confirm attendance at assigned work sites, and record time and location of shift start/end.
Location and sensor data is collected only when you explicitly start a tracking session. During an active session:
- Foreground tracking: GPS and accelerometer data are collected while the app is open
- Background tracking: GPS data continues to be collected when your phone screen is locked or you are using other apps (e.g., sat-nav). A persistent notification is displayed while background tracking is active
- Break monitoring: During rest breaks within an active session, GPS speed is monitored to detect driving. If movement is detected, a push notification alerts you
We do NOT collect location or sensor data when you have not started a tracking session, you have ended your session and saved your hours, or the app is closed without an active session.
Accelerometer data is processed on-device in real time and is not transmitted to our servers or stored beyond the active session.
We do not sell, share, or disclose your location data to third parties for advertising or marketing purposes.
5A. Health and Activity Data
ShiftOwt collects and processes the following health and activity-related data to provide EU Regulation 561/2006 and Working Time Directive compliance features:
| Data Element | How Collected | Purpose |
|---|---|---|
| Driving hours (daily, weekly, fortnightly) | Calculated from GPS speed and motion sensor data | Monitor compliance with maximum driving hour limits |
| Working hours (daily, weekly) | Recorded from session start/stop times | Monitor Working Time Directive limits |
| Rest and break periods | Recorded when you start/stop breaks | Ensure mandatory breaks after 4.5 hours driving; track daily and weekly rest |
| Driving-since-last-break counters | Calculated from driving hours minus break resets | Alert you when approaching the 4.5-hour continuous driving limit |
| Weekly rest period tracking | Derived from your availability calendar | Monitor the 144-hour rule and fortnight rule |
| Movement detection during breaks | GPS speed monitoring during rest periods | Alert you if vehicle movement is detected during a break |
This data is used to:
- Display compliance information to you (timers, warnings, alerts)
- Send push notifications warning you when approaching driving limits
- Record hours to your shift (driving, working, and break times)
- Share aggregated hours data (not raw GPS/sensor data) with connected agencies for payroll and compliance
Raw GPS coordinates and accelerometer readings are processed on-device and are NOT stored in the cloud. Only calculated hours totals are stored. Session state is temporarily cached on your device for crash recovery and is cleared when you save your hours.
6. Data Sharing and Recipients
When you accept a connection request from an agency, that agency can access your name, contact information, availability calendar, and hours submissions (driving hours, working hours, break times) for shifts worked with that agency. Agencies cannot access your precise GPS location data, raw sensor data, or hours worked with other agencies.
| Provider | Purpose | Data Shared | Location |
|---|---|---|---|
| Google Firebase | Data storage, authentication, push notifications | Account data, hours records, push tokens | EU/US |
| Stripe | Payment processing (Android/web) | Email, subscription status | US/EU |
| Apple | In-app purchases (iOS) | Transaction IDs, subscription status | US |
| Expo | Push notification delivery | Push tokens, notification content | US |
7. Data Retention
| Data Category | Retention Period |
|---|---|
| Account data | Duration of account plus 6 years |
| Hours and shift records (including driving hours, working hours, break data) | 6 years from creation |
| Location tracking data | 90 days |
| On-device session cache | Until you save hours or end the session |
| Technical logs | 12 months |
8. Your Rights
Under UK GDPR, you have the right to access, rectification, erasure, restriction of processing, data portability, objection, and withdrawal of consent. You can withdraw consent for location tracking by stopping your session or revoking permissions in device settings. To exercise these rights, contact us at support@shiftowt.com.
9. Complaints
You have the right to lodge a complaint with the Information Commissioner's Office:
Information Commissioner's Office
Wycliffe House, Water Lane
Wilmslow, Cheshire SK9 5AF
Website: www.ico.org.uk
Telephone: 0303 123 1113
10. Contact
Email: support@shiftowt.com
Terms of Service
1. Interpretation
In these Terms: "Account" means your user account; "Driver" means an individual driver using the Service; "Worker" means an individual non-driving staff member using the Service for time tracking; "Service" means the ShiftOwt mobile application and web platform; "Terms" means these Terms of Service; "User", "you", "your" means any person accessing or using the Service; "We", "us", "our" means SKPhotoArt Ltd trading as ShiftOwt, a company registered in England and Wales, with registered address at 17 Jaxons Court, Wigan, WN2 4PL, United Kingdom.
2. Acceptance of Terms
By creating an Account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. You must be at least 18 years old to use the Service.
3. Description of Service
ShiftOwt provides availability calendar management, hours tracking using GPS and motion sensors (for drivers), GPS-based clock-in/out time tracking (for workers), shift management, agency-driver and agency-worker connection features, compliance information display (for drivers), and push notifications.
3.1 Service Limitations
The Service is provided for informational and scheduling purposes. It is not a certified tachograph or official recording device, a replacement for equipment required by law, a legally recognised compliance record, or professional legal or compliance advice.
4. Important Notices Regarding Hours Tracking
4.1 Estimation Only
All hours, driving times, and compliance calculations displayed by the Service are estimates based on GPS data and motion sensors. These estimates may differ from actual hours worked, may differ from official tachograph records, are subject to GPS accuracy limitations, and should not be relied upon as the sole record for regulatory compliance.
4.2 User Responsibility
You acknowledge and agree that you are solely responsible for compliance with all applicable regulations, including EU Regulation 561/2006 and the Working Time Directive. You must maintain official records as required by law, verify Service data against official records, and the Service does not replace professional compliance advice.
5. Limitation of Liability
5.1 Exclusions Not Permitted by Law
Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited by applicable law.
5.2 Limitation
Subject to clause 5.1, our total aggregate liability shall not exceed the total fees paid by you in the one (1) month preceding the claim.
5.3 Exclusion of Certain Losses
Subject to clause 5.1, we shall not be liable for loss of profits, revenue, or business; loss of data or information; loss of goodwill or reputation; any indirect, special, incidental, or consequential loss; any fines, penalties, enforcement actions, licence sanctions, or other regulatory consequences.
6. Governing Law
These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction.
7. Contact
Email: support@shiftowt.com
Disclaimer
1. Nature of the Service
The Application is provided as an informal time-tracking and scheduling tool for informational purposes only.
The Application is not (a) a certified digital tachograph or approved recording device; (b) a legally recognised record for regulatory compliance purposes; (c) a replacement for mandatory tachograph equipment required under EU Regulation 561/2006; (d) an official record accepted by DVSA, Traffic Commissioners, or other enforcement authorities; (e) professional compliance, legal, or transport advisory services.
2. Accuracy and Limitations
All driving hours, working hours, rest periods, and compliance calculations displayed by the Application are estimates only derived from GPS location data, motion sensor readings, user-entered information, and algorithmic calculations.
The accuracy of estimates may be affected by GPS signal availability, device hardware capabilities, environmental factors, battery optimisation settings, and network connectivity. Estimates may differ materially from actual hours worked or official tachograph records.
3. User Responsibilities
You must use a calibrated tachograph as required by law, maintain accurate tachograph records, cross-check Application data against official records, and not rely solely on the Application for compliance decisions.
You remain solely responsible for compliance with EU Regulation (EC) No 561/2006, The Road Transport (Working Time) Regulations 2005, The Recording Equipment Regulations 2008, and GB Domestic Driving Hours Rules where applicable.
4. Regulatory Reference Information
The following limits are provided for general reference only:
| EU Regulation 561/2006 | Maximum |
|---|---|
| Daily driving | 9 hours (10 hours twice per week) |
| Weekly driving | 56 hours |
| Fortnightly driving | 90 hours |
| Continuous driving before break | 4.5 hours |
This information is for general reference only and does not constitute legal advice.
5. Limitation of Liability
Nothing in this Disclaimer excludes our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.
Subject to the above, we shall not be liable for any fines, penalties, prohibition notices, licence sanctions, Traffic Commissioner proceedings, criminal prosecutions, loss of earnings, or any indirect or consequential loss.
Our total aggregate liability shall not exceed the fees paid in the one (1) month preceding the claim.
6. Governing Law
This Disclaimer is governed by the laws of England and Wales.